Welfare Law and Domestic Violence: A Case Study of Court Proceedings

This case study presents an overview of a domestic violence case (R v Stephen) observed in a local court in Blacktown, New South Wales, focusing on welfare law implications. The case involves Mr. Stephen's alleged assault on Mrs. Shera, stemming from a dispute following a social gathering. The analysis delves into the conflicting accounts presented by Mr. Stephen and Mrs. Shera, the role of police interviews as evidence, and the ethical considerations for both prosecution and defense. Key issues include determining the actual perpetrator of violence, assessing the nature of the relationship between the involved parties, and ensuring fairness through natural justice. The study emphasizes the importance of consulting with counselors and community organizations involved in domestic violence welfare services to derive a comprehensive and just solution. The competency of the Local Court of New South Wales to hear such cases is also affirmed, with consideration given to neighborhood testimonies and dispute resolution methods.

Running head: WELFARE LAW 1
Welfare Law

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Executive summary
The report is focussed upon the observation pertaining to proceedings before a court of law as
far as the hearings of the respective case is concerned accordingly. The case implies domestic
violence with regard to welfare law accordingly as far as the aspect pertaining to welfare
services for domestic violence is concerned in order to address the issues in a proper and
appropriate manner accordingly. It intends to delve into the matter relating to domestic
violence in an analytical manner accordingly.

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Introduction
The main aim of the report is to present an overview of a case relating to welfare law
witnessed at the local court as far as the jurisdiction of the Australian state of New South
Wales is concerned. The analysis of the law pertaining to welfare would be taken into
account accordingly. The case pertaining to the report would be domestic violence thereby
implying the facts and circumstances that led to the case being heard before the court
accordingly. The case would be analysed in a proper and appropriate manner as far as the
comprehensive solution to be derived is concerned.
Case analysis
The case was being heart before the local court at Blacktown, a suburb near Sydney.
It was known as R v Stephen and the subject matter of the case was domestic violence as far
as the law pertaining to welfare is concerned accordingly. The aspect of the domestic
violence of the case implies that Mr. Stephen had committed assault over Mrs Shera and the
police arrested him accordingly. It is inferred form the facts of the case that Mr. Stephen and
Mrs Shera had met each other online and started to date each other subsequently. All of a
sudden, Mr. Stephen came towards Mrs Shera’s house in Quakers Hill, a suburb near Sydney
and started to create nuisance accordingly. He started to shout not only at her but also at her
neighbours as far as the facts of the case are concerned. He also threatened to put her house
on fire if she did not come out of her house within fifteen minutes thereby killing her and her
children accordingly. He picked up quarrel not only with her but also her neighbours as far as
the facts and circumstances of the case are concerned. As a result, police was called by Mrs
Shera as she was hit on the face by Mr. Stephen (Smyth, Hunter, Macvean, Walter &
Higgins, 2018). The video with regard to the interviewing of Mr. Stephen by two police was
being played in the court room during the course of the proceedings of the case as far as the
averment of the police prosecutor is concerned. In the interview, it is stated by Mr. Stephen
that he was called for a wine party by Mrs Shera at her residence in Quakers Hill. They both
enjoyed their drinks together and thereafter, they watched the kids playing accordingly. Mr.
Stephen went to bed at midnight and woke up at six o clock in the morning as observed form
the interview. He packed up his stuff and left the house subsequently (Hayden, Gelsthorpe &
Morris, 2016). After making an exit from the house, he witnessed that two men are
quarrelling with each other. Subsequently, Mrs. Shera started yelling at him in an
unreasonable manner. As a result, a physical violence broke out between Mr. Stephen and
Mrs. Shera thereby leading to the fact that the police came and arrested Mr. Stephen
accordingly. Additionally, in the interview, Mr. Stephen claims that the arrest by the police
was unreasonable (Douglas, 2015). As a result, it is imperative that Mr. Stephen was not in
his senses as a result of drinking wine since in the interview to those police officers; he states
that they arrested him without assigning any reason. Since Mr. Stephen claims that the two
men were quarrelling with each other, it is to be taken into account and conclusively
established with credible evidence whether he was involved in the quarrel or not since the
facts imply that he had a fight with the neighbours along with Mrs. Shera. It is to be seen
whether there was a de facto relationship between Mr. Stephen and Mrs. Shera since they

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were not married to each other according to the facts and circumstances of the case. The
aspect pertaining to domestic violence is applicable in the instances relating to de facto
relationship along with marriages as far as the family laws are concerned accordingly. As a
result, it is established that there was domestic violence between Mr. Stephen and Mrs. Shera
accordingly. However, it is to be established that who was the actual perpetrator of the
domestic violence since both of them consumed alcohol in the form wine accordingly. It is
imperative form the facts of the case the police had been called by Mrs. Shera as she was not
only hit by Mr. Stephen but was also threatened by him that her house would be burnt thereby
killing her and her children. As a result, it is implied that criminal charges are to be framed
against him if it is established that he was the one behind the initiation of violence (Broady &
Gray, 2017). However, a fir chance and opportunity must be provided to Mr. Stephen
accordingly as far as the aspect pertaining to natural justice is concerned with regard to the
rights concerning the accused accordingly. Counsellors and community organisations
involved in providing welfare services pertaining to domestic violence must also be consulted
accordingly as far as their expertise is concerned in this regard. It would imply the aspect
pertaining to fairness for both Mr. Stephen and Mrs. Shera as far as the derivation of a
comprehensive solution at the earliest is concerned accordingly. Furthermore, the people in
the neighbourhood who witnessed the incident and were threatened by Mr. Stephen and
assaulted by him subsequently should also be provided with an opportunity to provide their
own testimonies accordingly as per their observation without any coercion.
Ethical considerations and dispute resolution
The ethical considerations in the case imply the compliance of professional ethics on
part of the prosecution and defence. Misleading the court by fabrication of facts and evidence
by any of the counsel appearing for the parties would be considered unethical accordingly
thereby resulting in stringent action to be initiated and undertaken against the counsel
concerned. As implied form the facts of the case, it seems that the means of dispute resolution
is by the virtue of litigation in a court of competent jurisdiction in the desired manner
accordingly as far as the system related to criminal justice is concerned.
Local Court of New South Wales
The Local Court of New South Wales before which the case is being heard in the
Blacktown Local Court located in Blacktown, a suburb of Sydney. Taking account of the
subject matter of the case, the Blacktown Local Court is competent with regard to the hearing
of such kinds of cases accordingly as far as domestic violence is concerned. The Local Court
of New South Wales has jurisdiction over civil and criminal cases accordingly with regard to
the location of the court and the area where the offence has been committed accordingly. The
aspect pertaining to trouble with neighbours is also dealt with the Local Court of New South
Wales accordingly.

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Conclusion
As observed form the aforesaid, it can be deduced by stating that there is an instance
of domestic violence if it is concluded upon that Mr. Stephen and Mrs. Shera were involved
in a de facto relationship as they were dating online prior to their actual meeting accordingly.
Such kind of facts has been inferred upon as a result of the proceedings observed in court
accordingly.

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References
Broady, T. R., & Gray, R. M. (2017). Taking Responsibility: Psychological and attitudinal
change through a domestic violence intervention program in New South Wales,
Australia. Int'l J. Soc. Sci. Stud., 5, 68.
Douglas, H. (2015). Do we need a specific domestic violence offence. Melb. UL Rev., 39,
434.
Hayden, A., Gelsthorpe, L., & Morris, A. (2016). A restorative approach to family violence:
Changing tack. 4th ed. Abingdon: Routledge.
Smyth, B. M., Hunter, C., Macvean, M., Walter, M., & Higgins, D. J. (2018). Education for
family life in Australia. In Global perspectives on family life education (pp. 93-113).
7th ed. Cham: Springer.